by Baqir Sajjad SyedJ in Dawn, July 25th, 2018
ISLAMABAD: The Anti-Terrorism (Amendment) Ordinance, 2018, which provided for domestically proscribing individuals and entities listed by the United Nations Security Council (UNSC), has lapsed in the absence of the National Assembly.
An official, while responding to a query from Dawn about the status of the ordinance, said it was legally no more valid after getting lapsed.
The ordinance, which mainly affected Hafiz Saeed-linked Jamaatud Dawa and Falah-i-Insaniat Foundation (FIF), was promulgated on Feb 9 this year.
The ordinance amended Sections 11-B and 11-EE of the Anti-Terrorism Act, 1997 (XXVII of 1997). Section 11-B sets out parameters for proscription of groups, whereas 11-EE describes the grounds for listing of individuals.
Sub-Section ‘aa’ was added to both Sections 11-B and 11-EE, respectively, according to which organisations and individuals “listed under the United Nations (Security Council) Act, 1948 (XIV of 1948), or” will be included in the First Schedule (for organisations) and Fourth Schedule (for individuals), respectively, on an ex parte basis.
As per Article 89 of the Constitution, ordinances promulgated by the president are valid for 120 days. The ordinances are, however, required to be laid in the National Assembly after their promulgation for legislation on the matter. The National Assembly can also reject an ordinance by passing a resolution against it.
The anti-terrorism ordinance was laid in the National Assembly by then interior minister Ahsan Iqbal on April 12. However, the voting on the legislation did not take place till the expiry of the term of the assembly.
The lower house of parliament had the power to grant a one-time extension to the ordinance through a resolution, but that wasn’t done either. Some of the officials, while speaking on the background, did not give any reasons why the ordinance was allowed to lapse, particularly when its expiry was imminent.
The ordinance, it should be recalled, was promulgated to end the discrepancy between the UN sanctions list and the national listing of terrorist groups and individuals. The move was aimed at addressing the concerns of the Financial Action Task Force (FATF).
According to a source, the expiry of the ordinance reflects the priority that the leadership of the country attaches to the matter. He recalled that the FATA reforms law was passed and enacted almost close to the end of the previous National Assembly’s term because that was then a priority.
Last month the FATF put Pakistan on its ‘Grey List’ after successfully negotiating the corrective action plan for addressing the shortcomings in Pakistan’s anti-money laundering and counterterrorism financing regimes. The FATF in its statement had on that occasion welcomed “the high-level political commitment of Pakistan to their action plan”.
It needs to be further recalled that candidates of JuD-linked Milli Muslim League, which was denied registration by the Election Commission of Pakistan, are running under the platform of another previously unknown entity.
Separately, some state institutions are working on the mainstreaming of banned groups. A few banned leaders were removed from the Fourth Schedule to facilitate their participation in the elections being held on Wednesday (today).
The US State Department last week conveyed its concerns to the Pakistan government about the participation of LeT/JuD-affiliated individuals in the elections.
https://www.dawn.com/news/1422434/ordinance-enforced-to-address-fatf-concerns-lapses
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